Dulepina O.V., Vlez'ko D.A., Demenkov V.A. —
The use of special knowledge in the investigation of the secret theft of other people's property with home invasion
// Police activity. – 2025. – ¹ 1.
– P. 48 - 57.
DOI: 10.7256/2454-0692.2025.1.73370
URL: https://en.e-notabene.ru/pdmag/article_73370.html
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Abstract: The authors have studied in detail the issue of the need to apply special knowledge in the investigation of one of the most common types of crimes – theft of other people's property with illegal entry into a home. Priority areas of forensic examinations for the designated types of criminal acts, as well as practical problems of their application in against the background of increased technologization of criminal activity are investigated. The main attention is paid to the difficulties associated with underestimating the possibilities of using special knowledge in the process of carrying out practical activities by investigative officers, which is why the advantage of using both forensic examinations in general and other forms most characteristic of the considered category of secret theft is argued. General scientific and private scientific methods are used.
The study revealed theoretical gaps and other imperfections in the existing norms of criminal law, which lead to uncertainty in the actions of law enforcement officials: for example, it was found that court decisions in criminal cases are inconsistent not only with the fixed concept of "housing" and its types, but also with the explanations of higher courts on the interpretation of this concept. A solution to the current problem was proposed, and specific ways of its possible solution were proposed. In addition, practical shortcomings were identified in the direct activities of law enforcement agencies, consisting in the lack of proper recourse to the use of special knowledge in the investigation process, and here the authors argued for a high level of need for their active application and some of the most relevant ways to develop special knowledge.
Dulepina O.V., Vlez'ko D.A., Demenkov V.A. —
Peculiarities of establishing certain circumstances to be proved in the investigation of crimes under Article 106 of the Criminal Code of the Russian Federation
// Police activity. – 2024. – ¹ 5.
– P. 86 - 97.
DOI: 10.7256/2454-0692.2024.5.71979
URL: https://en.e-notabene.ru/pdmag/article_71979.html
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Abstract: The authors of this study have considered in detail such aspects of the topic under study as problems arising in the qualification of the corpus delicti provided for in Article 106 of the Criminal Code of the Russian Federation, namely: the influence of the presence or absence of a traumatic situation and the time of its occurrence during the investigation of the murder of a newborn child by a mother, and the importance of the role of forensic experts in establishing these facts. From the list of these problems, complications also follow in the practical activities of law enforcement agencies and courts, which can be traced in the analysis of the results of judicial practice. Thus, the subject of this investigation covers a number of problems of legislative regulation, which are directly projected onto the law enforcement activities of the investigative bodies. In this work, such methods as comparative legal, analytical and other general and private scientific methods are used. A special contribution of the authors to the study of this topic is the research of the specifics of establishing certain circumstances to be proved during the investigation of the murder of a newborn child by a mother: the presence of a traumatic situation or mental disorder in the subject of the crime, the moment of causing death, the fact of a newborn. The main attention of the work is paid to the difficulties associated with legislative gaps in the regulation of Article 106 of the Criminal Code of the Russian Federation, which explains the need to specify the time frame and other concepts applied by the legislator in this article. The role of circumstances affecting the mental state of the mother for the process of proving a criminal case is substantiated. In the course of the study, legal gaps and other imperfections of existing norms were identified, which lead to uncertainty in the actions of law enforcement officials, and ways of their possible solution were proposed.